COVID-19 and the Real Estate Sale Agreement — The Post-Closing Rent Collection ProblemOctober 5th, 2020
FiledOctober 5th, 2020This article is intended to identify, and make some recommendations with respect to, a feature of purchase and sale agreements which has not typically received much attention, but which will have heightened importance in the wake of the COVID-19 pandemic. More specifically, the contractual provision which sets forth the agreement of the parties with re- spect to delinquent rent at the time of closing. In particular, what are the responsibilities of the seller and purchaser relating to the collection of such rent, and what is the allocation between them in the event that such rent is collected after the closing?